Terms & Conditions
1ST CLASS COMPUTER SERVICES LIMITED
Terms and Conditions
1. DEFINITIONS AND INTERPRETATION
1.1 This Contract sets out the terms on which 1st class computer services limited will provide Products and/or Services to you
1.2 In these terms and conditions the following words shall have the following meanings unless inconsistent with the context:
“1CCSL” means 1st class computer services limited.
“Company” is 1st Class Computer Services Limited.
“Contract” means any contract between us and you for the sale of the Products and supply of the Services formed in accordance with condition 2
“Products” such products to be sold by us to you as may be agreed from time to time by us and you
“Services” means any configuration or installation services provided by us to you
“we/us/our” means 1st class computer services limited “you/your” you, being the person(s) whose order for the Products and Services is accepted by us
1.3 You may have other rights granted to you by law in addition to those set out in these terms and conditions, which we may not exclude. These terms and conditions do not affect those other rights granted by law.
2. CONTRACT FORMATION
2.1 All Orders submitted by the Customer to 1CCSL and accepted by 1CCSL shall be subject to these following terms and conditions which shall form part of and govern any Contract. Subject to any variation under condition 2.3, the contract shall be on these conditions to the exclusion of all other terms and conditions.
2.2 No terms or conditions endorsed on, delivered with or contained in your order, confirmation of order, specification or other document shall form part of the contract simply as a result of such document being referred to in the contract.
2.3 These conditions apply to all 1CCSL’s supply of goods and/or provision of service and any variation to these conditions and any representations about the goods and/or provision service shall have no effect unless expressly agreed in writing and signed by the Company. You acknowledge that it has not relied on any statement, promise or representation made or given by or on behalf of the company that is not set out in the contract.
2.4 Acceptance by the Customer of any estimate or quotation for Products and/or Services issued by 1CCSL shall be deemed to be acceptance of these terms and conditions.
2.5 Following completion of the relevant Services or delivery of the relevant Products, you will be presented with an invoice which also serves as a job sheet. It is your responsibility to ensure that the information specified on the invoice is accurate.
2.6 The company website, leaflets, marketing material or correspondence are not binding and reasonable variations may be made without notice to the services, the provision of services and/or the supply of goods so varied shall be accepted as complying with the contract.
2.7 No order placed by you shall be deemed to be accepted by 1CCSL until a written acknowledgement of order is issued by 1CCSL or 1CCSL delivers the goods or performs the service to you.
3. TERMS OF PAYMENT
3.1 All prices for Products or Services stated in any quote, estimate or acceptance of Order are those current at the time of the Customer’s enquiry.
3.2 We may vary any prices or rates, and/or charge to you any taxes or duties imposed in relation to the Products or Services, at any time by posting the resulting price changes on our website or otherwise giving you notice. You can contact us and request details of our prices or any price change by ‘phone during normal office hours or at any time by email.
3.3 You confirm that any quotes or estimates provided by our telephone operators or technicians prior to the provision of Products or Services are non-binding estimates only and that the final price payable by you may vary from such quotes or estimates.
3.4 A fee of one hours labour will be charged once an engineer has been dispatched to the specified premises, even if you cancel the visit before the engineer arrives on site.
3.5 If the correct information required to be supplied by you is not available upon arrival of the 1CCSL engineer resulting in an aborted visit a fee of one hours labour will be charged for the aborted visit and the service will need to be rescheduled at full cost.
3.6 If there are any unknown issues found once onsite and the service booked cannot be completed as specified, the booked service will be charged and a troubleshooting service will need to be booked at standard troubleshooting rates to solve the issues found.
3.7 1CCSL engineers reserve the right to provide a booked service on customers existing equipment, engineers will test any existing equipment and will not proceed with any equipment they consider to be faulty or dangerous. 1CCSL can supply approved equipment that can be used to resolve your problem should your existing equipment not be suitable. There will be a charge for any equipment so supplied.
3.8 You agree to pay for any loss or extra cost incurred by 1CCSLthrough your instructions or lack of instructions or through your failure or delay in taking delivery or through any act or default on your part.
3.9 Unless otherwise agreed by 1CCSL in writing, the price for the provision of services and/or supply of goods shall be chargeable by 1CCSL on the date of provision and or supply of the same.
3.10 1CCSL will collect payment upon completion of work by cash or cheque unless otherwise agreed beforehand.
3.11 Time charges for ‘troubleshooting’ charged for business customers by 1CCSL are our standard hourly rate for time spent onsite. Business customers are charged by 1CCSL in hourly increments at £60 per hour for desktop and laptop only work and £60 per hour for any environment that contains Servers and Routers. A minimum billing time of 1 hour is charged for all ad-hoc work. Consumer customers are charged £50 for the first hour if they reside in postcode areas GU1, GU2, GU3 or GU4 residence outside of these areas are charged an additional travel increment in proportion to distance and time to travel. Such surcharge will be agreed beforehand. Subsequent hours are charged at £35.
3.12 Payment terms for Domestic/Consumer/Home Based User customers are strictly payment upon completion of work. Credit terms are not offered to Domestic/Consumer/Home Based Users customers. Payment in cheques that do not clear, will be subject to an additional £50 surcharge and will incur interest charges of 7% above the Bank of England current variable base rate.
3.13 Payment terms for Commercial/Business/Office Based User customers are strictly payment upon completion of work for all ad-hoc work. Credit terms are only offered to approved Commercial/Business/Office Based customers for contracted and scheduled work, credit accounts are subject to approval by PRIOR arrangement. Approved credit terms are strictly 7 or 14 days from date of invoice. New business customers are required to pay for any equipment in full clear funds at least 3 days PRIOR to their installation by 1CCSL any other charges to be paid on receipt of the invoice. Payment in cheques that do not clear, will be subject to an additional £75 surcharge. Late payment will incur interest charges of 10% above the Bank of England current variable base rate.
4.1 Risk of damage to or loss of the supplied Products will pass to you upon completion of service.
4.2 Ownership of the Products will not pass to you until we have received in full (as cleared funds) all sums due to us in respect of the Products and delivery.
5.1 We aim to deliver the Products and perform the Services within the time indicated in our acknowledgement of order but cannot give an exact delivery or performance time or date.
5.2 We shall arrange delivery of any Products to such address or addresses as notified by you. A delivery note signed by you shall be satisfactory proof that delivery has taken place unless the engineer brings the Product at the time of the service.
6. YOUR RIGHT TO CANCEL
6.1 You must cancel any call-out requested for a technician at least 24 hours prior to a scheduled visit, failing which we reserve the right to charge you a cancellation fee of £50.00 plus the cost of any parts ordered. If an appointment is made for the same day, ie you telephone 1CCSL and make an appointment for a technician on that same day, and then cancel that appointment a cancellation fee of £50.00 will be charged
7.1 To the extent that it is permitted to do so, we will assign the benefit of any guarantee or warranty covering any defects in Products received by us under an agreement with the manufacturer or supplier of the relevant Product.
7.2 If any Services are provided by us, they will be carried out with reasonable care and skill and by suitably trained and qualified persons.
7.3 As part of any Services, we may provide you with our guidance on software installation and maintenance. You hereby acknowledge that you are responsible for obtaining all necessary third party licences for software or other intellectual property or products, and warrant that you are not in breach of any relevant licences and that you are compliant with all relevant applicable laws.
8. GUARANTEE OF PRODUCTS AND SERVICES
8.1 1CCSL engineers are trained to help, and we guarantee to supply an appropriately trained engineer to your premises. We do not guarantee that we can fix every problem as inevitably some problems cannot be fixed without required action or recommendations being carried out by you. In cases where you are unwilling to take the action required and in circumstances where other unforeseen issues arise you are liable to pay in full the charges that are incurred for goods and/or services provided by us.
8.2 When a 1CCSL engineer provides support, there can be no guarantee that the issue will not occur again or that a similar issue may occur with the same manifestations as the issue already addressed.
8.3 We are only liable to you for losses which you suffer as a result of a breach of these terms and conditions by us.
8.4 Our liability to you shall not in any circumstances include any personal or business losses that you may incur, including but not limited to lost data, lost profits or business interruption.
8.5 Any advice or recommendations given to you by us or our employees or agents as to storage, application, use or preference of the Products and Services which is not confirmed in writing by us, is followed or acted upon entirely at your own risk.
8.6 You agree that we shall not be responsible for the cost of any repairs or any other losses which occur as a consequence of a failure of your goods unless that failure occurs as a direct result of our provision of the Services.
9. ADULT REPRESENTATION
9.1 Our rules of conduct require that you have adult representation present throughout each onsite visit from a1CCSL engineer.
10. REMOVAL OF EQUIPMENT
10.1 1CCSL engineers may take custody of your hardware or software and/or remove it from your premises. Our engineers will advise you if any item requires attention by a third party or your equipment manufacturer or supplier. We do not operate a dispatch service for your equipment.
11. UNFORESEEN EVENTS
Neither we nor you shall be liable to each other if we cannot perform our obligations under this Contract because of an event beyond our or your control.
12.1 The formation, existence, construction, performance, validity and all aspects whatsoever of these terms and conditions or of any term of these terms and conditions will be governed by the law of England and Wales.
12.2 The English and Welsh courts will have non-exclusive jurisdiction to settle any disputes which may arise out of or in connection with these terms and conditions.
12.3 If we do not enforce any of our rights under this Contract this does not prevent us from exercising these rights in the future.
12.4 The Contract and all communications between us will be conducted in the English language.
All customers agree to the below in additional to our terms and conditions as stated above.
1CCSL are not prepared to service systems that are found to have illegal software, illegal computer files or any data material that infringes copyright law or any other laws in the UK. We are responsible for reporting any illegal activities to the authorities. This does not affect your statutory rights.